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Who Is Liable After a Rideshare Accident in Florida?

November 30, 2024

Rideshare Accident

Rideshare services like Uber and Lyft have transformed how people travel, offering convenience and affordability. However, as rideshare usage increases, so does the risk of accidents involving these vehicles. Determining liability in a rideshare accident can be complex, especially in a state like Florida with its unique insurance and liability laws. Whether you are a passenger, a driver, or a pedestrian involved in a rideshare collision, understanding who is responsible is essential for seeking compensation.

How Florida’s No-Fault Insurance Laws Affect Rideshare Accidents

Florida is a no-fault insurance state, which means that drivers and passengers first turn to their own personal injury protection (PIP) insurance for medical expenses and lost wages after an accident, regardless of fault. However, rideshare accidents often involve multiple insurance policies, which can complicate the claims process.

Here’s how liability typically breaks down:

  • If You’re a Passenger: Your PIP coverage applies first, followed by the rideshare company’s insurance if your damages exceed your policy limits.
  • If You’re a Rideshare Driver: Your personal insurance may not cover you while driving for Uber or Lyft. Instead, the rideshare company’s policy may provide coverage depending on your driving status at the time of the accident.
  • If You’re a Third-Party Driver or Pedestrian: The rideshare driver’s or company’s insurance may cover your damages, depending on fault and the driver’s status.

The Role of Rideshare Companies in Liability

Rideshare companies like Uber and Lyft typically classify their drivers as independent contractors rather than employees. This distinction is important because it limits the company’s liability in accidents. However, rideshare companies are still required to provide insurance coverage under certain conditions:

1. When the Driver Is Logged into the App but Not Carrying Passengers

If the rideshare driver is logged into the app and available for rides but not actively transporting a passenger, the company’s contingent liability coverage applies. This includes:

  • Up to $50,000 per person for bodily injury.
  • Up to $100,000 per accident for bodily injury.
  • Up to $25,000 for property damage.

2. When the Driver Is Actively Transporting Passengers

Once a rideshare driver accepts a ride and is transporting passengers, the company’s higher coverage limits apply. This includes up to $1 million in liability coverage, which covers both passengers and third parties injured in an accident.

When the Rideshare Driver Is at Fault

If the rideshare driver is responsible for the accident, their personal insurance may not cover damages if they were driving for hire at the time. Instead, the rideshare company’s insurance policy typically provides coverage based on the driver’s app status. However, proving fault involves gathering evidence such as:

  • Police reports documenting the accident.
  • Eyewitness testimony.
  • Photos or videos from the accident scene.
  • Driver’s activity logs from the rideshare app.

When Another Driver Is at Fault

If a third-party driver causes the accident, their auto insurance is primarily responsible for covering damages. However, if the at-fault driver lacks adequate insurance, the rideshare company’s uninsured/underinsured motorist coverage may apply to protect passengers and the rideshare driver.

What If the Rideshare Company Denies Liability?

Rideshare companies often attempt to minimize their financial responsibility by arguing that their driver was not at fault or that certain policy exclusions apply. In such cases, working with an experienced personal injury attorney is crucial to navigating the complexities of insurance claims and ensuring you receive fair compensation.

Steps to Take After a Rideshare Accident

If you’re involved in a rideshare accident in Florida, taking the following steps can protect your rights and strengthen your claim:

  1. Seek Medical Attention: Prioritize your health and document any injuries with a medical professional.
  2. Report the Accident: Notify law enforcement and file an official accident report.
  3. Document the Scene: Take photos of the vehicles, injuries, and any other relevant details.
  4. Gather Contact Information: Collect information from the rideshare driver, other parties involved, and witnesses.
  5. Consult an Attorney: An experienced lawyer can help you navigate insurance claims and negotiate on your behalf.

Call Kemp Injury Law Today if You’ve Been Injured in a Rideshare Accident

Determining liability in a rideshare accident requires a thorough understanding of Florida’s insurance laws and the rideshare company’s policies. An experienced attorney can evaluate your case, identify the responsible parties, and help you secure the compensation you deserve.

At Kemp Injury Law, we specialize in rideshare accident claims and are dedicated to helping our clients recover after an injury. Visit our rideshare accidents page to learn more about our services, or contact us today for a consultation.

Rideshare accidents can leave you with significant medical bills, lost wages, and emotional distress. Understanding who is liable and pursuing compensation can make all the difference in your recovery journey.

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Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
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